V. R. INDUSTRIES PRIVATE LTD. Vs. RAJESH KEJRIWAL

JUDGEMENT

(1.) The appellant has filed the present appeal impugning an order dtd. 18/11/2023 (hereafter 'the impugned order') passed by the learned Commercial Court in CS (Comm) No. 3752/2021 captioned Rajesh Kejriwal v. M/s. V R Industries Private Limited & Anr.

(2.) By the impugned order the learned Commercial Court had allowed the respondent's application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 (hereafter 'the CPC') and had restrained the appellant (arrayed as defendant in the suit) or its authorized agents from infringing/using the trademark "GOLDEN GATE" or any other trademark/label/ name identical with or deceptively similar to the said trademark.

(3.) The respondent claims that it is carrying on business under the trading name of M/s Chemical Centre (India) at 139-Tilak Bazar, Khari Boali, Delhi-110006. The respondent claims that it deals in imports, processing and trading in various goods including industrial chemicals for use in the Food Industry, Sugar Industry, Paper Industry, Textile Industry and for preserving food stuffs and artificial resins. In addition, respondent also claims it deals in dry fruits, spices, essences and flavours, baking products, tea, yeast, sugar, confectionery, food grains, sauces, preserved, dried and cooked fruits and vegetables, jellies, jams, fruit sauces, milk and dairy products since inception.